Behind the Benefits: Legal Spotlight

When people think about the FPPA retirement system, the first things that may come to mind are benefit calculations, retirement applications, or investments. But behind every one of those processes is a legal framework ensuring things run smoothly, fairly, and in the best interests of FPPA Members. The Legal department plays a central role in protecting the organization, supporting staff, and safeguarding the trust placed in FPPA by Colorado’s first responders.
Team Mission: Support and Guidance
FPPA’s Legal department is, first and foremost, a support team. Their role is to provide legal guidance across every division so staff can focus on serving Members, confident that decisions are compliant, thoughtful, and well‑grounded.
From counseling on retirement plan law to reviewing vendor contracts, advising the Board, managing legal risk, and interpreting statutes and rules, Legal is woven into nearly every aspect of FPPA’s work. When questions arise that don’t quite fit neatly into an existing rule or scenario, Legal is there to dig in, research, interpret, and help find the right path forward.
At the heart of Legal’s work is fiduciary responsibility. FPPA is required to operate for the exclusive benefit of our Members and beneficiaries. Every decision must be made solely for the benefit of Members and beneficiaries—not Employers, not the state, and not any other outside interest.
The Laws That Guide FPPA
Legal ensures FPPA complies with several layers of law, including:
- State law
- Colorado Revised Statutes and FPPA Rules and Regulations
- ERISA principles (used as guidance, since FPPA is not subject to ERISA)
- Internal Revenue Code
- Trust law and relevant case law
- The Uniform Prudent Investors Act, which guides how FPPA invests funds
- Open Meetings and Open Records Law
Legal is responsible for drafting and interpreting FPPA’s statutes and rules and partnering with departments like Benefits and Operations to ensure those rules can be effectively administered. The team plays a key role in guiding compliance and helping staff understand what compliance and transparency mean in day‑to‑day work.
Supporting Investments, Contracts, and Risk Management
The Legal team’s involvement extends deeply into FPPA’s financial operations. The team conducts legal diligence for public and private market investments and negotiates complex agreements. They also review every vendor contract, making sure FPPA receives the services promised and is protected if vendors fail to perform. In partnership with leadership, Legal also helps secure and manage insurance coverage, such as fiduciary liability, cybersecurity, general liability, and crime policies, that protect both the organization and FPPA stakeholders.
Member‑Focused Legal Work
The team advises on unique or complex benefit questions, assists with disability determinations through the Death and Disability Review Committee, and advises the Board. Legal also helps administer Domestic Relations Orders (DROs) so pension benefits can be properly divided during divorce, using standardized agreements that make the process clearer and easier for everyone involved. They also review Powers of Attorney and estate documents to ensure benefits and information are released appropriately and in accordance with Colorado law.
Legislative Action
The Legal department works in conjunction with FPPA leadership to lead legislative efforts. These efforts, from engaging stakeholders on proposed changes and securing board buy-in, to engaging lawmakers and testifying at hearings at the capitol, require significant effort and often span several months.
A recent example: during the 2026 legislative session, FPPA proposed a bill that will Enhance the Death & Disability Plan. The resulting change to state law updates the Statewide Death & Disability Plan enhances certain benefits, streamlines processes, and clarifies statutory language. These changes come at no cost to the state, Employers, or Members. Read more about FPPA’s legislative efforts at ForwardWithFPPA.org.
Ensuring Accountability Beyond FPPA
Legal’s work doesn’t stop at FPPA’s doors. As a long‑term institutional investor, FPPA participates in securities litigation and derivative actions when corporate misconduct harms shareholder value. For example, in 2020 FPPA successfully sued The Boeing Company in response to a series of crashes involving their 787 Max aircraft. These claims aim to recover losses caused by corporate wrongdoing and to promote stronger corporate governance across the market. These efforts help hold companies accountable, protect FPPA’s investment assets, and support confidence in the public markets on which Members’ benefits depend.
In Their Own Words
“Every decision we make comes back to our fiduciary responsibility: in everything we do, we must look out for the best interest of the fund, Members, and beneficiaries. By supporting staff, advising leadership, and protecting Member trust, the Legal team helps make sure that FPPA can continue doing what matters most: delivering secure retirement, disability, and survivor benefits to Colorado’s first responders.”
-Adam Franklin, Deputy Executive Director and General Counsel
